OVERVIEW TERMS AND CONDITIONS

TERMS AND CONDITIONS

This catalog is created by N Studios, LLC. Throughout the catalog, the terms “we”, “us” and “our” refer to W/R/F. W/R/F offers its website, including all information, tools and Services available from the site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or“Terms”), including those additional terms and conditions and policies referenced herein and/oravailable by hyperlink. These Terms of Service apply to all users of the site, including withoutlimitation users who are browsers, vendors, customers, merchants, and/or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing orusing any part of the site, you agree to be bound by these Terms of Service. If you do not agree toall the terms and conditions of this agreement, then you may not access the website or use anyServices. If these Terms of Service are considered an offer, acceptance is expressly limited to theseTerms of Service. Any new features or tools which are added to the current store shall also besubject to the Terms of Service. You can review the most current version of the Terms of Service atany time on this page. We reserve the right to update, change or replace any part of these Terms ofService by posting updates and/or changes to our website. It is your responsibility to check thispage periodically for changes. Your continued use of or access to the website following the postingof any changes constitutes acceptance of those changes. Our store is hosted on Squarespace. Theyprovide us with the online e-commerce platform that allows us to sell our products and Services toretail customers. Our wholesale is hosted on FreshBooks. They provide us a service of emailing invoices that allow us to collect your payments.

PRODUCTS

Certain products or Services may be available exclusively online through the website. Theseproducts or Services may have limited quantities and are subject to our current Return Policy. Wehave made every effort to display as accurately as possible the colors and images of our productsthat appear at the store. We cannot guarantee that your computer monitor's display of any colorwill be accurate. We reserve the right, but are not obligated, to limit the sales of our products orServices to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. Alldescriptions of products or product pricing are subject to change at any time without notice, at thesole discretion of us. We reserve the right to discontinue any product at any time. Any offer for anyproduct or Service made on this site is void where prohibited. We do not warrant that the quality ofany products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Servicewill be corrected.

CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand thatyour content (not including credit card information), may be transferred unencrypted and involve(a) transmissions over various networks; and (b) changes to conform and adapt to technicalrequirements of connecting networks or devices. Credit card information is always encrypted duringtransfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit anyportion of the Service, use of the Service, or access to the Service or any contact on the websitethrough which the Service is provided, without express written permission by us. The headings usedin this agreement are included for convenience only and will not limit or otherwise affect theseTerms.

MODIFICATIONS TO THE PRICE AND SERVICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

WHOLESALE ACCOUNTS

Wholesale accounts can be established by emailing sales@wrflab.com. Include the name of the business, location, type of sales (brick and mortar, online or both) andthe resell number of the business.

 

WHOLESALE MINIMUMS

Wholesale pricing requires a minimum order of $600, including reorders. Orders that don’t meet the minimum wholesale price will be treated as a drop ship order.

 

DROP SHIP

A minimum order requirement does not apply to drop shipped items. Drop ship prices are 75% of the suggested retail price.

 

PLACING A WHOLESALE ORDER

Orders can be placed on www.wrfceramics.com or by emailing a purchase order to sales@wrflab.com. Orders placed via email will have the shipping calculated after the order is complete. An invoice will be sent and must be paid prior to the shipment. 

 

CUSTOM STAMPING

Set up fees vary - a quote will be given based on the design. A stamping fee of $2 per item is applied to the price per piece. $500 minimum per item/style/color.

 

PRODUCTION AND SHIPPING / ORDER AND DELIVERY ESTIMATE

Orders typically take 4-6 weeks to complete. Production and shipping time frame varies based on available stock and order size.

 

SHIPPING METHOD

All orders placed online will be shipped via FedEx only. Orders are shipped ground; a fastershipping method must be requested and will result in an increase in shipping price per FedExpricing. We will not ship with UPS unless requests are made. UPS has more strict guidelines fordamaged/broken item claims. With UPS shipping, credits for damaged items may not be available,the customer assumes the risk of loss with UPS shipping. If the customer has a FedEx shippingaccount to use, a refund of the pre-charged shipping fee minus the handling fee of $5 per box willbe applied. The customer must provide a FedEx shipping account number or the order willautomatically be processed under W/R/F's Fedex account.

 

BREAKAGE OR INCORRECT ORDER

Within 5 business days of receiving your good report breakage or incorrectly items to us. If pieces have broken during shipment e-mail sales@wrflab.com and include photographs of ALL broken pieces in the e-mail. Retain packaging materials including the box. These materials are needed for inspection of a damage claim. Broken items will be credited to the purchasing account unless a refund is requested. Credit/refunds will not be issued without the original packaging materials and a photograph of all the broken items.

PRODUCTION CONSISTENCY

Due to the small-scale production of the products and variable materials, colors vary betweenproduction batches. Some objects are hand-thrown, others utilize production machinery. All items are hand trimmed and hand glazed, resulting in variants between each piece. Stoneware clay is used and has some iron particles. The iron particles sometimes show on the surface of our glazes and are not harmful. These particles are an inherent part of the clay body and are acceptable in our finished pieces.

 

SAMPLES

Samples are available with a full deposit equaling the wholesale cost of goods requested; customer is responsible for shipping and return shipping costs. The deposit is fully refundable upon return receipt of goods in original, sell-able condition. Deductions will be made from the deposit for any items that are not returned in original condition.

 

RETURN/EXCHANGE POLICY

No returns and/or exchanges are accepted

RETAIL EXCLUSIVITY

Exclusivity is available for some areas with minimum purchase requirement. To maintain a geographical exclusivity, a monthly order of $3000 is required. When this term is not met, we have the right to terminate past exclusivity without notice. Upon termination of exclusivity, we have the right to conduct business with retailers in any geographical region.

 

INTERNATIONAL ORDERS

We are not responsible for any additional fees including custom fees, duties, and taxes.

 

PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy below.

 

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographicalerrors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions,offers, product shipping charges, transit times and availability. We reserve the right to correct anyerrors, inaccuracies or omissions, and to change or update information or cancel orders if anyinformation in the Service or on any related website is inaccurate at any time without prior notice(including after you have submitted your order). We undertake no obligation to update, amend orclarify information in the Service or on any related website, including without limitation, pricinginformation, except as required by law. No specified update or refresh date applied in the Serviceor on any related website, should be taken to indicate that all information in the Service or on anyrelated website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from usingthe site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate inany unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws,or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectualproperty rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate,or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, ordisability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may beused in any way that will affect the functionality or operation of the Service or of any relatedwebsite, other websites, or the Internet; (h) to collect or track the personal information of others; (i)to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or(k) to interfere with or circumvent the security features of the Service or any related website, otherwebsites, or the Internet. We reserve the right to terminate your use of the Service or any relatedwebsite for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,timely, secure, or error-free. We do not warrant that the results that may be obtained from the useof the Service will be accurate or reliable. You agree that from time to time we may remove theService for indefinite periods of time or cancel the service at any time, without notice to you. Youexpressly agree that your use of, or inability to use, the Service is at your sole risk. The Service andall products and Services delivered to you through the service are (except as expressly stated by us)provided 'as is' and 'as available' for your use, without any representation, warranties or conditionsof any kind, either express or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall W/R/F, our directors, officers, employees, affiliates, agents,contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, orany direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or anysimilar damages, whether based in contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using the Service, or for anyother claim related in any way to your use of the Service or any product, including, but not limitedto, any errors or omissions in any content, or any loss or damage of any kind incurred as a result ofthe use of the Service or any content (or product) posted, transmitted, or otherwise made availablevia the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless W/R/F and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remainingprovisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive thetermination of this agreement for all purposes. These Terms of Service are effective unless and untilterminated by either you or us. You may terminate these Terms of Service atany time by notifying usthat you no longer wish to use our Services, or when you cease using our site. If in our solejudgment you fail, or we suspect that you have failed, to comply with any term or provision of theseTerms of Service, we also may terminate this agreement at any time without notice and you willremain liable for all amounts due up to and including the date of termination; and/or accordingly may denyyou access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall notconstitute a waiver of such right or provision. These Terms of Service and any policies or operatingrules posted by us on this site or in respect to The Service constitutes the entire agreement andunderstanding between you and us and govern your use of the Service, superseding any prior orcontemporaneous agreements, communications and proposals, whether oral or written, betweenyou and us (including, but not limited to, any prior versions of the Terms of Service). Anyambiguities in the interpretation of these Terms of Service shall not be construed against thedrafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the City of Fullerton and the State of California.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service on our website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes

 

PRIVACY AND SECURITY

When you purchase something from www.wrflab.com, as part of the buying and selling process, wecollect the personal information you give us such as your name, address and email address. Whenyou browse our store, we also automatically receive your computer’s internet protocol (IP) addressin order to provide us with information that helps us learn about your browser and operatingsystem. To protect your personal information, we take reasonable precautions and follow industrybest practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, ordestroyed. If you provide us with your credit card information, the information is encrypted usingsecure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method oftransmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSSrequirements and implement additional generally accepted industry standards.

 

CONSENT

When you provide us with personal information to complete a transaction, verify your credit card,place an order, arrange for a delivery, or return a purchase, we imply that you consent to ourcollecting it and using it for that specific reason only. If we ask for your personal information for asecondary reason, like marketing, we will either ask you directly for your expressed consent, orprovide you with an opportunity to say no. If after you opt-in to our site registration or email, andyou change your mind, you may withdraw your consent for us to contact you, for the continuedcollection, use or disclosure of your information, at any time, by emailing us at sales@wrflab.com.

 

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

SQUARESPACE AND FRESHBOOKS

Our online store is hosted on Squarespace and our accounting is hosted on FreshBooks. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Squarespace’s and FreshBooks' data storage, databases and the general Squarespace application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Squarespace and FreshBooks store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long asis necessary to complete your purchase transaction. After that is complete, your purchasetransaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa,MasterCard, American Express and Discover. PCI-DSS requirements help ensure the securehandling of credit card information by our store and its service providers. For more insight, you mayalso want to read Squarespace’s Terms of Service here or Privacy Statement here.

 

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are requiredto provide to them for your purchase related transactions. For these providers, we recommend thatyou read their privacy policies so you can understand the manner in which your personalinformation will be handled by these providers. In particular, remember that certain providers maybe located in or have facilities that are located a different jurisdiction than either you or us. So, ifyou elect to proceed with a transaction that involves the services of a third-partyservice provider,then your information may become subject to the laws of the jurisdiction(s) in which that serviceprovider or its facilities are located. As an example, if you are located in Canada and yourtransaction is processed by a payment gateway located in the United States, then your personalinformation used in completing that transaction may be subject to disclosure under United Stateslegislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by Privacy Policy or our website’s Terms ofService. When you click on links on our store, they may direct you away from our site. We are notresponsible for the privacy practices of other sites and encourage you

 

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged.

 

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information e-mail us at sales@wrflab.com or contact us via mail at W/R/F, 717 S. State College Blvd, #G, Fullerton, CA 92831.